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Baylor University Names David Harper to Board of Regents

Haynes and Boone, LLP partner David Harper has been named to Baylor University’s Board of Regents, the official governing body of Baylor University. A Baylor graduate with a long tenure of service to the university, Mr. Harper has been elected to serve a minimum three-year term. >>



David H. Harper

Partner

ДАЛЛАС


2323 Victory Avenue
Suite 700
Dallas, Texas 75219
т: +1 214.651.5247
ф: +1 214.200.0463

Области практики

Образование

  • J.D., Harvard Law School, 1991, cum laude; Senior Editor, Journal of Law and Public Policy
  • B.B.A., Economics and Finance, Baylor University, 1988, summa cum laude

КВАЛИФИКАЦИЯ

  • Texas

Допуск к ведению дел в судах

  • U.S. Supreme Court
  • Texas Supreme Court
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court for the Northern District of Texas
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas

David Harper chairs one of the firm's three litigation sections.  In his practice, he has had broad business litigation experience with a particular emphasis on intellectual property litigation, technology litigation and media litigation.  His intellectual property litigation experience covers trademarks and domain names, software, copyrights, trade secrets and patents.  He handles a variety of technology-related disputes, including many involving software development.  David also represents media and entertainment companies in a variety of  matters, including on claims of libel and invasion of privacy, licensing and publishing and distribution disputes.  His other business litigation and arbitration experience covers a wide array of industries and issues such as real estate, financial services and manufacturing. 

Selected Client Representations

David's recent litigation experience includes:

  • Trying and defeating claims of software copyright infringement brought by former employee against major car rental company (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.);

  • Representing and trying claims of breach of copyright license and distribution agreement for international media company;

  • Prosecuted software copyright infringement and breach of license agreement claims for software provider against Fortune 5 company;

  • Leading a copyright enforcement campaign for major software company, including litigation;

  • Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Supp. 2d 820 (N.D. Tex. 2002));

  • Defeating copyright claims about television reality series against a major sports league;

  • Securing summary judgment on claims that domain name registrar did not violate federal Anti-cybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001));

  • Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - Eastland, pet. denied 2001));

  • Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws;

  • Representing both software providers and customers in complex disputes over implementations of software;

  • Defending a trust against multi-million dollar claims of fraud, breach of fiduciary duty and conspiracy in a real estate transaction;

  • Securing injunctive relief against employees to prevent their use of stolen trade secrets.

Selected Professional Business and Community Activities

  • Deacon, Park Cities Baptist Church
  • Board of Regents, Baylor University, 2009-2012
  • President, Harvard Law School Association of Texas
  • Co-Editor, Libel Defense Resource Center's Annual Survey of Privacy and Related Claims Against the Media

Honors and Awards

  • Named a Best Business Lawyer in Dallas for Business Litigation by D Magazine, 2009.
  • Named Texas Super Lawyer by Texas Monthly, 2003-2009.
  • Named in Best Lawyers Under 40 by D Magazine, 2002, 2004 and 2006.

Publications and Presentations

  • "Hidden Risks From Employee Software," Intellectual Property Today, September 2006.
  • "13 Tips on How to Avoid Losing Millions to Nuisance IP Lawsuits," quoted in article by Gordon Graham, Editor, SoftwareCEO, September 5, 2006.

Selected Representative Experience


ACPA Litigation
Have pursued multiple ACPA and related domain name and trademark infringement claims for Fortune 5 company against cybersquatters.

First Amendment Litigation - Financial Publisher
Obtained summary judgment for financial publisher over alleged violations of federal and state securities laws to secure First Amendment right to provide general investment advice in investment newsletters. Reynolds v. Murphy, 188 S.W.3d 252, (Tex. App. - Fort Worth 2006, pet. denied).

Software Implementation Litigation
Have represented both software providers and customers in complex disputes over implementations of software.

Partnership Litigation -- Energy
Pursuing claims against Russian partnership regarding ownership of Russian oil interests.

Successful Defense of Cendant and Avis in Copyright Case
Overcoming significant adverse rulings, Haynes and Boone lawyers won a copyright infringement lawsuit in which the plaintiff sought more than $90 million in damages from Cendant Corporation and Avis Holdings, stating that the Cendant and Avis had benefited from use of a software program he had created prior to beginning employment with the company. The court found that the plaintiff had actually created the program while working for the client, that no infringement took place and no damages would be awarded. (Wood v. Cendant Corporation and Avis Holdings Group, Inc., 2006 WL 2045839 (N.D. Okla.).

Reynolds v. Murphy, 188 S.W.3d 252 (Tex. App. - Fort Worth 2006, pet. denied)
Obtained the first appellate opinion in Texas protecting the First Amendment rights of a newsletter publisher and author to publish general investment advice.

Libel Defense Litigation
Have defended newspaper and magazine against multiple libel claims.

Wood v. Cendant Corp., Copy. L. Rep. (CCH) ¶29,252 (N.D. Okla. 2006)
Through dispositive motion practice and post-trial briefing, assisted in obtaining a take-nothing judgment in an $80 million copyright infringement suit; successfully defended the judgment on appeal.

Real Estate Boundary Litigation
Defeating claims for injunctive relief on boundary dispute for major retailer and successfully arbitrating real estate valuation issues.

Book Publishing Litigation
Arbitrating claims for lost book sales for author against book publishing company.

Carrot Ink ACPA Litigation
Enforcing e-commerce trademarks against alleged cybersquatters (Carrot Bunch Co., Inc. v. Computer Friends, Inc., 218 F.Sup. 2d 820 (N.D. Tex. 2002)).

Network Solutions ACPA Litigation
Securing summary judgment on claims that domain name registrar did not violate federal Anti-cybersquatting Consumer Protection Act of 1999 and Texas trademark anti-dilution statute (Lockheed Martin v. Network Solutions, Inc., 141 F. Supp. 2d 648 (N.D. Tex. 2001)).

Network Solutions ACPA Litigation
Enforcing e-commerce forum selection clause in a case of first impression in Texas (Barnett v. Network Solutions, Inc., 38 S.W.3d 200, (Tex. App. - V Eastland, pet. denied 2001)).

Trade Secret Litigation
Securing injunctive relief against employees to prevent their use of stolen trade secrets.

Barnett v. Network Solutions, Inc., 38 S.W.3d 200 (Tex. App. - Eastland 2001, pet. denied)
Successfully defended an appellate challenge to a judgment enforcing venue provisions in an online "click-wrap" agreement.

Software Copyright Litigation
Securing judgment regarding copyright ownership of software and pursuing infringers.

Semiconductor Trade Secret Litigation
Represents a major international semiconductor-manufacturing company—Taiwan Semiconductor Manufacturing Company (“TSMC”)—in a trade-secret case pending in California state court. TSMC alleges that a Chinese competitor stole semiconductor-fabrication technology that it then unlawfully deployed in its business.

Shagitahya v. Martin and ARGO
Defense of claims of minority shareholder oppression and request for dividend from company to all shareholders.

Summary-Judgment Defense Victory: Minka v. Aloha
Haynes and Boone defended a ceiling-fan manufacturer—Aloha—that had been accused of infringing utility patents, design patents, trademarks, and copyrights for ceiling fan design and packaging. After extensive discovery—including depositions throughout Asia and the United States—Haynes and Boone secured a complete summary-judgment victory for its clients.

Членства

  • State Bar of Texas
  • American Bar Association
  • American Intellectual Property Law Association (AIPLA)
  • Dallas Bar Association (Past Co-Chair, Media Relations Committee)
  • Fellow, Texas Bar Foundation
  • W.M. "Mac" Taylor, Jr. American Inn of Court (Master, 2008-Present)

Публикации

05/13/2010 - To Have Committed Inequitable Conduct or Not? That is the Question - to be Answered
The U.S. Court of Appeals for the Federal Circuit, which hears all U.S. patent infringement appeals, issued an order on April 26, 2010 requesting briefs from the parties in Therasense, Inc. v. Becton, Dickinson, and Co. (appeal no. 2008-1511) to consider en banc the standards by which courts should find “inequitable conduct.”

07/20/2009 - The 2008 Term of the United States Supreme Court: The Decisions Most Important to the Business Community
The United States Supreme Court recently issued several significant decisions affecting businesses and the nature of business litigation in federal court. The most important of these decisions are summarized in this alert.

06/12/2009 - The IP Beacon, June 2009
"The IP Beacon" is a Haynes and Boone Newsletter highlighting current issues in Intellectual Property Law.

05/12/2009 - False Press Release by Patent Infringement Defendants Nets District Court Sanctions
The United States District Court for the Eastern District of Virginia recently issued significant sanctions against three defendants to a patent infringement suit. The case, American Science and Engineering, Inc. v. Autoclear, LLC, No. 2:07-CV-415 (E.D. Va. 2007), was filed on September 13, 2007 and involves claims that the Defendants, Autoclear, LLC, Control Screening, LLC, and Scan-Tech Security, L.P. (apparently related companies) infringed certain patents owned by Plaintiff American Science and Engineering, Inc. (“AS&E”).

04/01/2009 - Building an Environmentally Responsible Office Building
Inside the recently completed Haynes and Boone mid-rise Victory Park headquarters, employees have heard so much about the environmentally sustainable features of their new space that some joke the "G" elevator button no longer stands for "Ground," but "Green."

03/31/2009 - U.S. Supreme Court Rejects Pre-Emption Defense in Drug-Labeling Case
Earlier this month, in a closely watched pre-emption case, the U.S. Supreme Court issued a ruling that could have a significant impact on both highly-regulated industries and, by extension, state tort litigation. In Wyeth v. Levine, the Court held that an FDA-approved label warning about the potential side-effects of a drug did not pre-empt a state-law tort claim challenging the adequacy of the drug maker’s label.

06/1/2001 - Copyright Basics
 

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